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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Reaffirming Strict EEO Timeliness and Narrow Equitable Tolling for Federal Employees: Commentary on Kucharczyk v. Steiner

Reaffirming Strict EEO Timeliness and Narrow Equitable Tolling for Federal Employees: Commentary on Kucharczyk v. Steiner

Date: Nov 20, 2025
Reaffirming Strict EEO Timeliness and Narrow Equitable Tolling for Federal Employees: Commentary on Kucharczyk v. Steiner I. Introduction The Second Circuit’s summary order in Kucharczyk v. Steiner,...
Corroboration, Clear-Error Review, and Issue Exhaustion in Hardship-Based Cancellation of Removal: Commentary on Tenemaza v. Bondi

Corroboration, Clear-Error Review, and Issue Exhaustion in Hardship-Based Cancellation of Removal: Commentary on Tenemaza v. Bondi

Date: Nov 20, 2025
Corroboration, Clear-Error Review, and Issue Exhaustion in Hardship-Based Cancellation of Removal: Commentary on Tenemaza v. Bondi Court: United States Court of Appeals for the Second Circuit Case:...
Fourteenth Amendment Objective Reasonableness in Chaotic Shootouts: Commentary on Tennyson v. Francemone

Fourteenth Amendment Objective Reasonableness in Chaotic Shootouts: Commentary on Tennyson v. Francemone

Date: Nov 20, 2025
Fourteenth Amendment Objective Reasonableness in Chaotic Shootouts: Commentary on Tennyson v. Francemone Court: United States Court of Appeals for the Second Circuit Date: November 19, 2025 Docket...
United States v. Mack: High Bar for Franks Hearings and Flexible “Substantial Compliance” with Ronder in Jury Note Readbacks

United States v. Mack: High Bar for Franks Hearings and Flexible “Substantial Compliance” with Ronder in Jury Note Readbacks

Date: Nov 20, 2025
United States v. Mack: High Bar for Franks Hearings and Flexible “Substantial Compliance” with Ronder in Jury Note Readbacks Court: United States Court of Appeals for the Second Circuit Case: United...
Renewal of GPS Warrants, Substitution of Counsel, and Faretta Waivers in the Second Circuit: Commentary on United States v. Melvin Hill (2d Cir. 2025)

Renewal of GPS Warrants, Substitution of Counsel, and Faretta Waivers in the Second Circuit: Commentary on United States v. Melvin Hill (2d Cir. 2025)

Date: Nov 20, 2025
Renewal of GPS Warrants, Substitution of Counsel, and Faretta Waivers in the Second Circuit: Commentary on United States v. Melvin Hill (2d Cir. 2025) Note: This commentary is an academic analysis of...
United States v. Rosado: Reaffirming Standards for Trying a Defendant in Absentia Under Plain-Error Review

United States v. Rosado: Reaffirming Standards for Trying a Defendant in Absentia Under Plain-Error Review

Date: Nov 20, 2025
United States v. Rosado: Reaffirming Standards for Trying a Defendant in Absentia Under Plain-Error Review I. Introduction In United States v. Rosado, No. 23‑6563 (2d Cir. Nov. 19, 2025) (summary...
Material Omissions, Credibility, and Jurisdiction in Asylum Proceedings: Commentary on Bakouan v. Bondi

Material Omissions, Credibility, and Jurisdiction in Asylum Proceedings: Commentary on Bakouan v. Bondi

Date: Nov 20, 2025
Material Omissions, Credibility, and Jurisdiction in Asylum Proceedings: Commentary on Bakouan v. Bondi I. Introduction The Second Circuit’s summary order in Bakouan v. Bondi, No. 23‑7100 (2d Cir....
Butts v. Kelch: Plausibility Pleading, Non‑Cognizability of § 1983 Disability Retaliation, and the Inapplicability of LMRA and Individual ADA Retaliation Liability in Public‑School Employment Disputes

Butts v. Kelch: Plausibility Pleading, Non‑Cognizability of § 1983 Disability Retaliation, and the Inapplicability of LMRA and Individual ADA Retaliation Liability in Public‑School Employment Disputes

Date: Nov 20, 2025
Butts v. Kelch: Plausibility Pleading, Non‑Cognizability of § 1983 Disability Retaliation, and the Inapplicability of LMRA and Individual ADA Retaliation Liability in Public‑School Employment...
Dual Criminality, Probable Cause, and the Limits of Habeas Review in U.S.–Japan Extradition: Commentary on Kanayama v. Kowal (2d Cir. 2025)

Dual Criminality, Probable Cause, and the Limits of Habeas Review in U.S.–Japan Extradition: Commentary on Kanayama v. Kowal (2d Cir. 2025)

Date: Nov 20, 2025
Dual Criminality, Probable Cause, and the Limits of Habeas Review in U.S.–Japan Extradition: Commentary on Kanayama v. Kowal (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in...
Murphy v. Onondaga County: Causation, Official-Duty Speech, and Procedural Waiver in Public-Employee First Amendment Retaliation Claims

Murphy v. Onondaga County: Causation, Official-Duty Speech, and Procedural Waiver in Public-Employee First Amendment Retaliation Claims

Date: Nov 20, 2025
Murphy v. Onondaga County: Causation, Official-Duty Speech, and Procedural Waiver in Public-Employee First Amendment Retaliation Claims Court: United States Court of Appeals for the Second Circuit...
Reaffirming the Limits on Waiving Exhaustion in Social Security Cases: Commentary on Shackleford v. Bisignano

Reaffirming the Limits on Waiving Exhaustion in Social Security Cases: Commentary on Shackleford v. Bisignano

Date: Nov 20, 2025
Reaffirming the Limits on Waiving Exhaustion in Social Security Cases: Commentary on Shackleford v. Bisignano I. Introduction The Second Circuit’s summary order in Shackleford v. Bisignano, No....
Sentencing Disparities, Cooperation, and Harsh Confinement: Commentary on United States v. Samia (2d Cir. 2025)

Sentencing Disparities, Cooperation, and Harsh Confinement: Commentary on United States v. Samia (2d Cir. 2025)

Date: Nov 20, 2025
Sentencing Disparities, Cooperation, and Harsh Confinement: A Detailed Commentary on United States v. Samia (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v....
SEC v. Ahmed (2d Cir. 2025): Tightening Asset-Freeze Relief, Permitting Counsel Withdrawal, Declining Federal Interference with State Tax Levies under the Tax Injunction Act

SEC v. Ahmed (2d Cir. 2025): Tightening Asset-Freeze Relief, Permitting Counsel Withdrawal, Declining Federal Interference with State Tax Levies under the Tax Injunction Act

Date: Nov 19, 2025
SEC v. Ahmed (2d Cir. 2025): Tightening Asset-Freeze Relief, Permitting Counsel Withdrawal, Declining Federal Interference with State Tax Levies under the Tax Injunction Act Introduction In a...
Tinoco v. Bondi (2d Cir. 2025): Reaffirmation that Pending Collateral Attacks Do Not Undermine Conviction Finality; Abandonment and Internal Relocation as Dispositive Bars to Withholding; No Automatic Stay of Removal After BIA Decision

Tinoco v. Bondi (2d Cir. 2025): Reaffirmation that Pending Collateral Attacks Do Not Undermine Conviction Finality; Abandonment and Internal Relocation as Dispositive Bars to Withholding; No Automatic Stay of Removal After BIA Decision

Date: Nov 19, 2025
Tinoco v. Bondi (2d Cir. 2025): Reaffirmation that Pending Collateral Attacks Do Not Undermine Conviction Finality; Abandonment and Internal Relocation as Dispositive Bars to Withholding; No...
Nonfunctional Serialization Requirements and “Common Use”: The Second Circuit Upholds 18 U.S.C. § 922(k) Under Bruen in United States v. Gomez

Nonfunctional Serialization Requirements and “Common Use”: The Second Circuit Upholds 18 U.S.C. § 922(k) Under Bruen in United States v. Gomez

Date: Nov 19, 2025
Nonfunctional Serialization Requirements and “Common Use”: The Second Circuit Upholds 18 U.S.C. § 922(k) Under Bruen in United States v. Gomez Introduction In United States v. Gomez, No. 24-1943-cr...
Abandonment, Exhaustion, and Financial Motive: Second Circuit Reaffirms Nexus Requirements in Gang-Related Asylum Claims

Abandonment, Exhaustion, and Financial Motive: Second Circuit Reaffirms Nexus Requirements in Gang-Related Asylum Claims

Date: Nov 16, 2025
Abandonment, Exhaustion, and Financial Motive: Second Circuit Reaffirms Nexus Requirements in Gang-Related Asylum Claims Introduction In Chucuri-Carguachi v. Bondi (2d Cir. Nov. 14, 2025), a...
Victim’s Signed Complaint Can Supply Probable Cause for Any Offense; Pretrial Food-Deprivation Claims Fail Absent Harm or Deliberate Indifference

Victim’s Signed Complaint Can Supply Probable Cause for Any Offense; Pretrial Food-Deprivation Claims Fail Absent Harm or Deliberate Indifference

Date: Nov 16, 2025
Victim’s Signed Complaint Can Supply Probable Cause for Any Offense; Pretrial Food-Deprivation Claims Fail Absent Harm or Deliberate Indifference Introduction In Peterkin v. Carr, No. 24-1148-cv (2d...
Using Real Identities to Overcome Due Diligence Is “At the Crux” Under § 1028A: The Second Circuit’s Application of Dubin in United States v. Colello

Using Real Identities to Overcome Due Diligence Is “At the Crux” Under § 1028A: The Second Circuit’s Application of Dubin in United States v. Colello

Date: Nov 16, 2025
Using Real Identities to Overcome Due Diligence Is “At the Crux” Under § 1028A: The Second Circuit’s Application of Dubin in United States v. Colello Court: U.S. Court of Appeals for the Second...
Exhaustion, Heavy-Burden Remands, and Unfulfilled Threats: The Second Circuit’s Summary Order in Reyes‑Chavarria v. Bondi

Exhaustion, Heavy-Burden Remands, and Unfulfilled Threats: The Second Circuit’s Summary Order in Reyes‑Chavarria v. Bondi

Date: Nov 16, 2025
Exhaustion, Heavy-Burden Remands, and Unfulfilled Threats: The Second Circuit’s Summary Order in Reyes‑Chavarria v. Bondi Introduction In Reyes‑Chavarria v. Bondi, No. 24-1315 (2d Cir. Nov. 13, 2025)...
No PSG Defined by Harm; Exhaustion Required: Second Circuit in Rojas-Toledo and the 2025 AG Reset of Domestic-Violence Asylum Law

No PSG Defined by Harm; Exhaustion Required: Second Circuit in Rojas-Toledo and the 2025 AG Reset of Domestic-Violence Asylum Law

Date: Nov 16, 2025
No PSG Defined by Harm; Exhaustion Required: Second Circuit in Rojas-Toledo and the 2025 AG Reset of Domestic-Violence Asylum Law Introduction In Rojas-Toledo v. Bondi, No. 24-500 (2d Cir. Nov. 13,...
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